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Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, weve seen first-hand how this critical error undermines so many parents good intentions.
Both criticisms ultimately point to the concern that beneficiaries interests are not adequately protected and that massively discretionary trusts are an abuse of the trust structure.
Discretionary trusts can be very useful in a number of circumstances. They can be tailored to suit the needs of you and your family and benefit your estate as a whole. They are valuable as a way to protect assets for beneficiaries who dont have the ability to manage their own funds.
In the case of a Discretionary Trust, the Trustee has legal control of the funds. Therefore, they are the legal owner. However, the funds are held and distributed to benefit the beneficiaries. The beneficiaries are the beneficial owners.
For Protection. Our Flexible (Discretionary) Gift Trust is written on a discretionary basis, the trustees use their discretion when deciding who ultimately benefits from the trust capital. As this is not a split trust the life assured, or settlor does not retain an interest in the policy.
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The asset is not your personal asset. Difficulty getting finance to buy assets in a Trust. Inflexibility: Discretionary trusts have limitations on how assets can be used and distributed, which can limit their use in certain situations.
Disadvantage 1: Complexity Like other trusts, setting up a discretionary trust can be complicated. The complexity depends on: Whether its a company structure (more complex) or a family trust. The number of beneficiaries.

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